NOTICE OF INTENT TO TERMINATE OR SUSPEND (SKELLY LETTER) (This letter is from a Manager or Department Head to inform employee of intended disciplinary action prior to taking such action.)
---SAMPLE SKELLY LETTER---
(Date)
(Employee's Name)
(Employee's Home Address)
(City, State, Zip)
Via Regular Mail with Proof of Service
Re: Notice of Intent to ( Suspend, Fine or Terminate)
Dear (Employee's Name) :
This is to advise you that the City intends to (suspend, fine or terminate) your employment for three (3) work days as a Heavy Equipment Operator in the department/agency for the following reasons:
• Violation of Civil Service Rule 10 (Misconduct)
• Violation of Department Work Rules
The proposed action is based on the following acts or omissions:
January 26, 2005 January 26, 2005 was a regular workday for you. You and a co-worker were observed during your work hours loading personal household items (clothing, appliances, chairs) onto a City pick-up truck and hauling those items away. This activity took place at 356 Main Street, Oakland which has been your residence address of record with the City for many years. This activity was observed, documented and reported by an Oakland citizen (statement and photos attached).
January 27, 2005 I met with you and your (shop steward or union rep, name) to discuss this reported incident. At that meeting, you admitted that the above incident occurred as described. You further stated that you disposed of these items at the Davis Street transfer station without having to pay the disposal fee that you would have been charged if you were in a private vehicle.
Local 790 MOU, Article 12.1.3, provides in pertinent part: The City and the Union agree that those in the public service have a special responsibility to be sensitive and responsive to their ultimate employer the citizens, and that awareness of this responsibility is particularly important for field personnel or other City employees who can be observed by the general public during work and when taking rest periods or lunch breaks.
You were observed and photographed by (name) , an Oakland citizen, while on City time, using a City vehicle, removing personal debris from your private property. Additionally,
(Employee's Name)
Notice of Intent to (Suspend, Fine or Terminate)
(Date)
you benefited personally by having the disposal fee waived at the transfer station because you were in a City vehicle. These types of actions lead to a violation of the public trust, and will not be tolerated. Furthermore, your actions violated Administrative Instruction 523, which requires that you adhere to City policies and that you perform your duties in a satisfactory manner.
Finally, your actions of using City time and a City vehicle to haul away personal debris prejudiced the public trust because you were not available to perform City services but instead were furthering personal goals.
Copies of the following attached documents were relied on in making this recommendation:
- Written statement and photos taken by (name), an Oakland citizen
- Employee Rules and Instructions, Rule #30 City vehicles are not to be used for personal business at any time.
- Employee Rules and Instructions, Rule #41 Employees must exercise good judgment at all times.
- Local 790 MOU, Article 12.1.3 - Public Relations
- Local 790 MOU, Article 14.11 Work Effort
- Administrative Instruction 523
- Employee Performance Appraisal Professional Conduct Standard
- Civil Service Rule #10 Disciplinary Actions, Appeals and Hearings
You have the right to respond to the facts contained in this letter. You may respond in writing and/or respond orally by attending a Skelly hearing. If you choose to respond in writing, you have until the close of business on (date) to provide written comments to (Skelly Officer's name). If you wish to respond orally, you may meet with (Skelly Officer's name) on (date) at (time). You have the right to request union representation or other representation of your choice at the Skelly hearing with (Skelly Officer's name). Please confirm your attendance at the Skelly hearing with (Skelly Officer's name) by calling him/her at ( phone number) . (Skelly Officer's name) is located at (Skelly Officer's address, city, state, zip) .
Sincerely,
Supervisor or Manager's Name
Supervisor or Manager's Title
(Employee's Name)
Notice of Intent to (Suspend, Fine or Terminate)
(Date)
ATTACHMENTS
c: Skelly Officer
Personnel File
Division File
Employee Relations
(Employee's Union)
PROOF OF SERVICE
I am a citizen of the United States and a resident of the County of Alameda. I am over the age of eighteen (18) years and not a party to the above-entitled action. My business address is (Address, City, State, Zip).
I am familiar with the City Of Oakland's practice whereby the mail is sealed, given the appropriate postage and placed in United States mailbox after the close of each day's business.
On (Date), I served the following:
[ ] (BY MAIL) placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid in the United States mail at Oakland, California, addressed as follows:
________________________________________
________________________________________
________________________________________
[ ] (BY FACSIMILE) placing a true copy thereof into a facsimile machine addressed to the person and address shown below, which transmission receipt is attached hereto.
[ ] (BY OVERNIGHT DELIVERY) on the following party(ies) in said action, by placing a true copy thereof enclosed in a sealed envelope, with delivery fees paid or provided, and placed in the United States mailbox prior to the close of such day's business for delivery the following business day.
[ ] (BY PERSONAL SERVICE) by delivering by hand and leaving a true and correct copy with the person at the address shown below:
________________________________________
________________________________________
________________________________________
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this Declaration was executed on (Date) , at Oakland, California.
________________________________________
Print Name
________________________________________
Signature
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